GOBINDA GHOSH Vs. STATE OF WEST BENGAL & ANR.
LAWS(CAL)-2008-8-116
HIGH COURT OF CALCUTTA
Decided on August 25,2008

GOBINDA GHOSH Appellant
VERSUS
State Of West Bengal And Anr. Respondents

JUDGEMENT

Arunabha Basu, J. - (1.) The revisional application under section 482 of the Code of Criminal Procedure is directed to quash proceeding in connection with G. R. Case No. 196 of 2006 arising out of Serampore Police Station Case No. 62 dated March 2006 under section 17A of the West Bengal Inland Fisheries Act, 1984 (hereinafter called the Act), now pending before the Court of the learned Additional Chief Judicial Magistrate, Serampore. The petitioner herein is arrayed as an accused in connection with abovenoted case in which charge sheet is submitted by police on completion of investigation.
(2.) In the revisional application it is stated that the entire proceeding is vitiated in view of the fact that the police officer while submitting charge sheet failed to consider the various provisions of the Act such as section 2(vi) and also section 17A of the Act.
(3.) The learned Advocate for the petitioner submitted that bare perusal of the Act will show that the offence complained against the petitioner will be attracted only when the same falls within the purview of fishery. The scope and object of the Act disclose that for the purpose of conservation, development, propagation, protection, exploitation and disposal of inland fish and fisheries the Act was enacted by the assembly.;


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